Germany

Success for Lindt & Sprüngli; USPTO celebrates Lanham Act anniversary; Philippines joins TMclass – news digest

In our latest round-up, we look at Scamadviser announcing a new member, Ebro Foods looking to offload more brands, the UK government setting out its innovation strategy, and much more.

Success for Lindt & Sprüngli; USPTO celebrates Lanham Act anniversary; Philippines joins TMclass – news digest
Why paralegals could be doing so much more for your in-house team: CSL Behring reveals all
22 Jul 2021

Why paralegals could be doing so much more for your in-house team: CSL Behring reveals all

WTR sits down with lead counsel trademarks Frank Schöne-de la Nuez and paralegal Anabela Mendes de Oliveira to hear how global biotech leader CSL Behring nurtures a paralegal team that goes above and beyond its traditional remit.

One in five consumers would boycott brand after mistaken counterfeit purchase, report finds
29 Jun 2021

One in five consumers would boycott brand after mistaken counterfeit purchase, report finds

A new report on counterfeiting in the beauty and personal care industry reveals some worrying statistics on consumer awareness of fake goods online, highlighting the dangers to both customer safety and brand reputation.

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16 Aug 2021

Abstract golden colour of Lindt & Sprüngli’s chocolate bunny enjoys trademark protection after all

The Germany Federal Supreme Court has overturned a decision of the High Court of Munich and held that the golden colour of Lindt & Sprüngli’s Easter chocolate bunny enjoys protection as a colour mark, even without a trademark registration. Read more

12 Aug 2021

Gold for the win – Supreme Court upholds protection for Lindt bunny

Recent supreme court decision confirming Lindt’s non-registered trademark rights in Germany for its gold bunny paves the way for enforcement against third-party infringements. Read more

29 Jul 2021

Germany

The following are enforceable in Germany: German trademarks, EU trademarks and German trademarks based on international registrations, names and non-registered trade designations. Read more

22 Jul 2021

RETROLYMPICS: a trademark under fire

A trademark originally rejected by the German PTO and opposed by the International Olympic Committee is currently before the German Federal Patent Court. In-depth analysis explores why the case has been so difficult and what can be learnt. Read more

Anti-Counterfeiting

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11 May 2021

Procedures and strategies for anti-counterfeiting: Germany

A cost-free border seizure application can be filed with the competent customs authority. If this is granted, the customs authorities will withhold suspicious goods that are intended to be introduced into the European Union or Germany. Read more

7 Aug 2020

Enforcement data reveals destination shift for counterfeits originating in China

The true scope of the illicit trade of fake goods is hard to define, but analysis by Rouse indicates that Southeast Asia is a fast-rising hotspot. Read more

7 Aug 2020

How should authors utilise trademarks to protect their literary works: the European perspective

In the second of this two-part piece, we speak to legal experts to explore the role that trademarks could play in the fight against book piracy in Europe. Read more

23 Apr 2020

Procedures and strategies for anti-counterfeiting: Germany

In case of slavish imitations which are not within the scope of IP rights, the Act Against Unfair Competition provides for complementary protection if additional unfair acts are committed Read more

Brand management

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26 May 2021

European and consumer brands dominate Clarivate’s first-ever best-protected brands list

Clarivate has published its first Top 100 Best Protected Global Brands Report, revealing that almost half of the world’s best-protected global brands are headquartered in Europe, while more than half are consumer brands. Read more

18 May 2021

FC Barcelona and Man Utd are brand champions – the football clubs and players with the largest trademark portfolios revealed

Exclusive research from WTR can reveal that Manchester United has the largest football brand portfolio in the world, with Lionel Messi boasting the most significant number of registrations for a single player. Read more

26 Feb 2021

United States tumbles down Brand Finance Soft Power Index due to covid-19 response

In a star-studded launch event, Brand Finance held a virtual conference with speakers including Hilary Rodham Clinton, Carl Bildt and David Miliband. Read more

30 Sep 2020

QAnon™ – the global efforts to trademark a far-right movement

New investigation finds trademark applications around the world related to the controversial QAnon movement, with one applicant revealing an ambitious plan to launch a global brand to “plant trees and save the oceans”. Read more

Enforcement and Litigation

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12 Oct 2020

Another blow for Lindt & Sprüngli in its efforts to protect its golden bunny

In a further illustration of the difficulties of registering abstract colours as trademarks, the court of appeal of Munich has held that the golden colour of Lindt & Sprüngli’s chocolate bunny had not acquired the necessary level of reputation to be eligible for trademark protection. Read more

17 Mar 2020

Trademark procedures and strategies: Germany

Commercial designations are protected against newer identical or confusingly similar trade designations and trademarks once they are first used in Germany. Read more

3 Mar 2020

US House fakes bill; MARQUES Spring Meeting cancelled; rise of counterfeits on TikTok – news digest

In our latest round-up, we look at the IP Office of New Zealand warnings of fraudulent invoices, a Chinese government news outlet pushing back against anti-IP sentiment, African Intellectual Property Organisation meeting the prime minister of Mauritania, and much more. Read more

2 Mar 2020

Comedian legally changes name to Hugo Boss – important lessons for brands

UK comedian Joe Lycett has legally changed his name to Hugo Boss in protest at the fashion company’s trademark enforcement work in a move that provides crucial lessons for all trademark professionals. Read more

Government/Policy

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31 May 2021

Innovation at the German Patent and Trademark Office: spotlight on cutting-edge tools and services

In exclusive insights, the German Patent and Trademark Office reveals the innovative non-core tools and services that it offers trademark users. Read more

29 Sep 2020

Brands less important to consumers demanding social improvements, report reveals

Brandwatch has released the results of a survey of consumer perception on brand purpose in the light of the coronavirus pandemic. Read more

3 Sep 2020

German domestic trademark activity improves as economy is touted for recovery

As reports emerge that German exports will drop as the country reduces its interaction with the global market, domestic trademark filings are increasing at an above average rate for the European Union. Read more

29 Nov 2019

DPMA warns of scam invoices, Poundland versus Greggs, and WIPO DG candidate list widens: news digest

In our latest round-up, we look at the Philippines IP Office reviving its arbitration service, the advocate general finding that Amazon didn’t infringe on Coty’s trademark rights, the first GIs being processed in Ivory Coast, and much more. Read more

Law Firms

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28 Aug 2020

Economies are battered but many major offices set for record trademark numbers

As the data continues to be updated, we are able to get a better understanding of the extent of the coronavirus’ impact on the trademark ecosystem. Read more

24 Apr 2020

Germany set to bounce back from lockdown measures, but local brands likely to suffer due to international nature

German businesses are globally-minded and utilise the EU and Madrid system to obtain far-reaching trademark coverage. This approach will have unintended consequences, but brands can rely on a stable government to provide support. Read more

12 Mar 2020

The most prolific trademark attorney firms in Europe revealed

Data analysis reveals that, amongst representatives, Isabelle Bertaux ranks as the number one trademark filer in the EU, with Novagraaf and Arpe completing the top 3. Read more

17 Jan 2020

KIPO urges idol IP protection, Extinction Rebellion brand headache, and CCFN praises US-China deal: news digest

In our latest round-up, we look at a Love Island star being reprimanded due to an Instagram post, the theme for World IP Day 2020, the Chilean IP office being praised for a reduction in the gender gap, and much more. Read more

IP Offices

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17 Jun 2020

Mysterious Chinese entity sits atop USPTO top filers list, alongside Everglades College, Marvel and Walmart

This data deep dive explores US filing strategies by country, revealing that Chinese applicants increasingly favour direct applications while European-based businesses continue to utilise the WIPO route. Read more

25 Oct 2019

Supreme most searched fake brand, 'tm.com' for sale, and more unauthorised Greta Thunberg marks: news digest

In our latest round-up, we look at a new study finding few marketers are confident in consistent brand values, brands being warned of being too political, Diesel engaging in a trademark battle with a reality star, and much more. Read more

26 Sep 2019

Unauthorised 'Greta Thunberg' and 'Extinction Rebellion' trademarks could pose a threat to climate change activists

Two major figures in the climate change activism movement, campaigner Greta Thunberg and protest movement Extinction Rebellion, are facing a legal battle in Germany due to unauthorised trademark applications. Read more

13 Sep 2019

Extinction Rebellion trademark, Egypt fee rise, and Crocs Gloves in art gallery: news digest

In our latest edition, we look at Māori uproar over a New Zealand trademark application, WIPO in Hungary, MARQUES addressing long goods and services lists at the EUIPO, and much more. Read more

Online

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2 Apr 2020

Amazon not liable for storage of counterfeit goods, CJEU rules

The CJEU has ruled that Amazon is not legally liable for the storage of counterfeit goods. While the decision could be seen as a blow to the fight against fake goods, Amazon responded by pledging to ‘drive counterfeits to zero’. Read more

8 Oct 2019

Ortlieb v Amazon - the constant struggle to find what you are looking for

In the longstanding dispute between outdoor gear company Ortlieb and Amazon in Germany, the Federal Supreme Court has confirmed that the use of the trademark ORTLIEB by Amazon in online advertisements constituted trademark infringement. Read more

19 Oct 2018

Facebook’s WHOIS access woes, DPMA’s IP workshop for refugees, and Santa-Cruz leaves INAPI: news round-up

In our latest round-up, we look at the Croatian president talking up nation branding, Gucci voicing “reluctance” to work with Alibaba and JD.com, brand owners readying themselves for motion marks, and much more. Read more

18 Oct 2017

German Federal Court rules on Google’s Image Search

The Federal Court of Justice has handed down a judgment of utmost importance for the exploitation of copyright on the Internet. The decision, which will become known and referred to under the name Thumbnail III, examined whether the display of preview images in search results constituted an act of making available a copyright work in the sense of the copyright law. Read more

Portfolio Management

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7 Jul 2020

Reform of the Trademark Act transposing Directive 2015/2436: key amendments and new possibilities

Following the reform of the Trademark Act (the second part of which came into effect on 20 May 2020), national trademarks may become a more attractive prospect for applicants developing their portfolio strategies. Read more

15 May 2020

What the Virgin Media and O2 deal tells us about the branding struggles of telecom providers

The industry’s major players do a poor job of building consumer loyalty, and there is the constant risk of smaller, more flexible companies disrupting the market. Read more

24 Jan 2020

Brand Tracker: the filing trends of the world’s most valuable brands

In the first instalment of a new series, we track the trademark filing activity of the world’s most valuable brands – revealing that Mercedes-Benz may be gearing up to launch an AI assistant. Read more

20 Jan 2020

Nivea - recognise the blue?

The dispute between Unilever and Beiersdorf over the latter’s abstract colour mark for its ‘Nivea Blue’, which lasted for over a decade, has finally come to an end. Read more

Trademark law

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9 Dec 2019

Litigation procedures and strategies: Germany

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30 Sep 2019

Procedures and strategies for pharmaceutical brands: Germany

According to Section 10 of the Act on Advertising in the Field of Health, prescription-only medicinal products may be advertised only to doctors, dentists, veterinarians, pharmacists and persons authorised to trade in such medicinal products. Read more

29 Jul 2019

The top filers and a vision for the future: inside EUIPO operations

Less than a year into Christian Archambeau’s tenure as executive director, the EUIPO is laying the groundwork for future expansion. World Trademark Review’s annual focus on the office assesses current operations, reveals the most proactive filers and explores how the agency is taking a global view of trademarks. Read more

25 Jan 2019

Litigation procedures and strategies: Germany

Alternative dispute resolution methods exist; however, they play only a minor role in Germany. One reason is Germany’s efficient court system, which allows for settling trademark conflicts quickly and at reasonable costs. Read more